Home > What Are Some Factors That Are Considered By The U.S. Citizenship & Immigration Services In Granting An Individual Immigration Status?

What Are Some Factors That Are Considered By The U.S. Citizenship & Immigration Services In Granting An Individual Immigration Status?

Generally, the USCIS (United States Citizen & Immigration Services) is usually limited to eligibility for each individual application that people put in. For example, if I130 or a family petition is put in, they will look at bona fides of the relationship, and the length of the relationship. If dealing with the marriage, they will consider the intention of the marriage, or if the marriage is entered into for immigration purposes and whether it is a genuine marriage.

Other than that, USCIS will also take into consideration each individual’s past criminal history, and immigration history to determine if any inadmissibility issues arise. Past deportations or criminal activity will make a person just ineligible for whatever petition they are entering at that time. An experienced immigration and deportation attorney can guide through the process.

What Is The Basis For Someone To Be Deported?

There are two cases where a person can be deported from the U.S. The first and most common one is when someone is put into removal proceedings because they are in the United States without a legal status. They could be there because their visa expired or because they entered the country without inspection.

The second case would be someone who does have a legal status in the United States such as a green card or is currently on a valid visa and they did something to make them inadmissible to country. That could be either committing a crime where their green card can be taken away from them, or violating the visa that they are currently holding. It could be as a tourist, student or on a tourist or student visa. If they work in the U.S., then they would be violating that visa and they are put in the proceedings to be deported.

What Are The Consequences Of Deportation?

When you are put in proceedings and ordered removal, you can face certain bars for re-admission into the country depending on the reason for the deportation. For certain reasons for deportation, you can face five, to ten year bar. For other more serious reasons, you can receive a twenty year bar; or possibly a lifetime bar. If you are facing deportation, our Westchester immigration and deportation lawyers are available for a free consultation.

What Is The Deportation Process And How Is It Initiated?

The deportation process is initiated after determining that the person is removable from the country. This could either be based on your status in the country or based on a certain crime that you committed. At that point, Department of Homeland Security will present an NTA or notice to appear to the person that they are saying is removable from this country.

Then, they will list the charges against you or the basis for the removability, and they will list the date, time, and place where you have to appear to Immigration Court. It is the government’s responsibility to file that same NTA with immigration court. Once it is filed with the court, then you are officially in proceedings and will be in front of a judge in immigration court to challenge whatever allegations they are making you removable. They will enter for some kind of relief that you may be eligible for. If you need more information on fighting deportation, our New York Deportation Lawyers can answer your questions.

Can Changes In The Political Situation Have An Impact on Immigration Laws?

With the current state of immigration and the change of presidents and potential political parties in office, the immigration laws are constantly changing. People that were not looking to file an immigration petition because they were fine with the status quo for all these years might want to look into protecting themselves. They might want to look into putting in an application to make them eligible to get some kind of stability in their life as far as immigration status. The White Plains immigration lawyers at the Law Office of Michael Joseph are here to help them with that.

If you need information regarding U.S. Citizenship, Immigration, And Deportation, call the White Plains and New York City immigration lawyers at the law offices of Michael Joseph for a free initial consultation at 914-574-8330 and get the information and legal answers you are seeking.